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BIBOROSCH v. TRANSAMERICA INS. CO.

412 Pa.Super. 505 (1992)

603 A.2d 1050

Richard F. BIBOROSCH t/a the R.F. Biborosch Agency v. TRANSAMERICA INSURANCE COMPANY and Industrial Indemnity Company and Employers Reinsurance Corp. and Raymond B. Jewell. Appeal of TRANSAMERICA INSURANCE COMPANY and Industrial Indemnity Company, Appellant. Richard BIBOROSCH, t/a R.F. Biborosch Agency v. TRANSAMERICA INSURANCE COMPANY and Industrial Indemnity Company and Employers Reinsurance Corporation and Raymond B. Jewell. Appeal of EMPLOYERS REINSURANCE CORPORATION, Appellant.

Superior Court of Pennsylvania.

Filed February 27, 1992.

Attorney(s) appearing for the Case

Leslie M. Cyr, Philadelphia, for appellant (at 990) and for Transamerica Ins., appellee (at 991).

Susan McLaughlin, Philadelphia, for appellant (at 991) and for Employers Reinsurance, appellee (at 990).

Robert R. Reeder, Philadelphia, for Biborosch, appellee.

Before MONTEMURO, BECK and TAMILIA, JJ.

BECK, Judge:

In this appeal we are asked to decide whether three professional liability insurers have a duty to defend their insured, a general insurance agent and manager of a general insurance agency, against claims arising out of the insured's discharge of a soliciting agent working in the insured's agency.

The issue arises out of the following scenario. Appellee, Richard F. Biborosch, is a general...

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